Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 98CF

Special provisions

98CF. Special provisions



(1) In this section specified date means 31 March 1966.

(2) If an application is made in respect of a building subdivision the plan of
which was approved on or before the specified date and in respect of which no
service company operates and the Registrar is satisfied-

   (a)  that one or more lots on the plan of building subdivision had been
        sold on or before the specified date; and

   (b)  that on or before the specified date there was in existence a scheme
        of development under which the proprietors of allotments on the plan
        of building subdivision enjoyed or were intended to enjoy exclusive
        use and possession of parts of the common property on the proposed
        plan-

there may be included in a lot on the proposed plan a stratum of any land the
exclusive use and possession of which under the scheme is or was intended to
be enjoyed by the owner of the corresponding allotment on the plan of building
subdivision and the proposed plan may be registered notwithstanding that to
that extent the boundaries of the allotments on the plan of building
subdivision do not substantially correspond with the boundaries of the lots on
the plan of subdivision.

Division 4A-Share interests